Text
1. Defendant B shall pay to the Plaintiff KRW 37,882,691 as well as 24% per annum from May 24, 2019 to the date of full payment.
Reasons
1. The Plaintiff, on November 23, 2018, lent the said money to Defendant B as interest rate of KRW 20 million by setting at 5% per month, and wired the said money to Defendant C’s passbook, which is the son of Defendant B.
Since January 10, 2019, the Plaintiff remitted total of KRW 20 million to Defendant C’s head of the Tong, including KRW 13 million and KRW 7 million on January 30, 2019.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3 (if there is an additional number, including each paper number), the purport of whole pleading
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff transferred the total amount of KRW 40 million to the defendant's account (=20 million won) to the defendant's account, thereby lending this amount to the defendant Eul. After which the defendant C paid interest to the plaintiff. The defendant C concurrently assumed the defendant's obligation to the plaintiff. Therefore, the defendants jointly have the obligation to pay the plaintiff 40 million won and delay damages. The defendant C's assertion by the defendants is jointly obligated to pay the plaintiff 40 million won and delay damages to the plaintiff.
Although Defendant B borrowed KRW 20 million from the Plaintiff on November 23, 2018, Defendant B only borrowed KRW 13 million from the Plaintiff to Defendant B on or around January 2019 and KRW 7 million from the Plaintiff on or around January 2019, Defendant B did not borrow it.
B. In full view of the purport of Defendant C’s claim No. 1 and the entire pleadings, Defendant B used the Defendant C’s account for more than 20 years. Defendant B said that it borrowed money from the Plaintiff to the Defendant C’s account used by it, and subsequently, acknowledged the fact that he remitted one million won from the said account to the Plaintiff as interest.
Considering the above circumstances, the evidence presented by the Plaintiff alone that Defendant C jointly borrowed money from the Plaintiff with Defendant B.
or defendant B-.